What does Establishment mean? In cross‑border insolvency practice, an “establishment” is a debtor’s place of operations in a state where it conducts a stable, non‑transitory economic activity using people and assets. The concept is used to justify secondary (EU) or non‑main (Model Law) proceedings alongside main proceedings at the debtor’s centre of main interests (COMI). It is a defined term in Regulation (EU) 2015/848 (the recast Insolvency Regulation) and in the UNCITRAL Model Law on Cross‑Border Insolvency (implemented in Great Britain by the Cross‑Border Insolvency Regulations 2006 and in Northern Ireland by the 2007 Regulations). In both regimes, it requires more than a...
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The Marine Management Organisation (MMO) came into being on 1 April 2010 through the Marine and Coastal Access Act 2009 (MCAA 2009). It regulates activities at sea around England, and matters concerning vessels registered to ports in England, anywhere in the world. Further duties and powers followed in the Fisheries Act 2020. The MMO is an executive non-departmental public body. Working at arm’s length from government, it is accountable to the Secretary of State (SoS) for the Department for Environment, Food & Rural Affairs (DEFRA) and is part of the Defra Group. The MMO also has cross departmental responsibilities and, for these, is answerable to the SoS for each relevant department. Where statute permits, government may request the MMO to undertake additional functions or new work, either on a permanent or temporary footing. The decision to accept such work will be taken jointly by the SoS and the MMO Board. The MMO Framework Document sets out the broad Governance framework within which Defra and the MMO operate. It explains the MMO’s core responsibilities, and describes the governance and accountability framework that applies between the roles of Defra and the MMO, and sets...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...